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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
Urmila Joshi-Phalke, Nandesh S. Deshpande
Pravin S/o Ramdhan Solanke – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent
JUDGMENT :
NANDESH S. DESHPANDE, J.
Heard. Admit. Heard finally with the consent of learned Counsel for both the parties.
2. This is an application seeking to quash the First Information Report No. 0109/2017 dated 12.03.2017, registered by the non- applicant No. 1 Police Station Buldhana(City), Buldhana, and further charge-sheet bearing No. 95/2017, for the offences punishable under Sections 306, 354 read with Section 34 of the Indian Penal Code and Section 4 of the Maharashtra Prohibition of Ragging Act, 1999, as also, Sessions Case No. 56 of 2017, pending on the file of 8th Adhoc District Judge -1 and Additional Sessions Judge, Buldhana, for the above said offences.
3. As per the contentions of the First Information Report which is lodged by one Ramdas Balaji Shingne, who is the father of the deceased, the said deceased namely Bhagyashree was studying in college and was attending the college from 10:30 to 6:00 p.m. daily. On Sunday i.e. on 12.03.2017, when the said daughter did not turn up for taking lunch till the afternoon, the complainant i.e. her father went to the room and found that it was locked from inside. Since there was no response, the door was broken and first informant
Abetment of suicide requires clear intent and proximate cause; mere naming of co-accused without proof of instigation is insufficient.
(1) Abetment of suicide – Act of death must be committed by deceased himself, irrespective of means adopted by him in achieving object of killing himself.(2) Disciplinary measures adopted by a teache....
The offence of abetment of suicide under Section 306 IPC requires a direct involvement of the accused in the commission of suicide and that the acts or omissions of the accused must be proximate, con....
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
The main legal point established is that for abetment of suicide, there must be a direct or indirect act of incitement to the commission of suicide, and the accused's actions must have led the victim....
A conviction under IPC Section 306 requires clear evidence of intent to instigate suicide, which was not present in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
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